NEWARK, NJ – A federal judge has granted in part a motion for default judgment in a copyright infringement lawsuit involving unauthorized use of celebrity photographs on social media, handing a partial victory to a boutique photography agency representing high-profile artists.
In a memorandum opinion, U.S. District Judge Georgette Castner ruled that August Image, LLC is entitled to default judgment against Izzy & Liv, LLC after the fashion brand failed to respond to the complaint following an earlier unsuccessful motion to dismiss. The Clerk of Court had entered default on June 4, after the defendant did not answer the lawsuit.
August Image, which describes itself as an exclusive representative of prominent celebrity and fashion photographers, alleged that Izzy & Liv posted twelve copyrighted images on its Instagram page without authorization. According to court filings, the images were displayed alongside promotional content, including quotes and branded messaging intended to market the company’s products and services.
The lawsuit, filed July 5, 2024, asserted one count of direct copyright infringement under federal law, citing unauthorized use of the works in violation of the Copyright Act. Judge Castner noted that when a defendant defaults, factual allegations in the complaint are generally deemed admitted, except those relating to damages.
Court weighs jurisdiction and damages standards
Before entering default judgment, the court examined whether it had proper jurisdiction and whether the complaint stated a valid cause of action. The opinion outlines the legal framework under Rule 55 of the Federal Rules of Civil Procedure, emphasizing that default judgments are discretionary and not automatic.
The court confirmed that August Image sufficiently alleged ownership of the photographs and unauthorized use by Izzy & Liv. However, the ruling granted the motion only in part, signaling that while liability was established, additional scrutiny applied to the scope of damages or other requested relief.
• August Image sued over 12 celebrity photographs posted on Instagram
• The court entered default after Izzy & Liv failed to respond
• Default judgment was granted in part and denied in part
The case highlights ongoing enforcement efforts by copyright holders targeting unauthorized social media use of professional images, particularly in commercial branding contexts.
